Justice Abiola Soladoye of the Federal High Court in Lagos has convicted domestic help Idris Ashimiyu and sentenced him to life imprisonment for defiling an 11-year-old girl.
Justice Soladoye handed down the sentence after finding Ashimiyu guilty of a one-count charge of defilement, which he had earlier denied.
In her judgment, Justice Soladoye said the court had carefully considered the testimony and other evidence presented, including the survivor’s age, the consistency of her account and the issue of consent.
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The judge described the survivor’s testimony as credible and coherent, adding that the prosecution had established that she was a child and had not consented to the sexual act.
Justice Soladoye also noted that the defendant did not testify in his own defence.
She held that the prosecution had proved the charge beyond reasonable doubt and accordingly convicted Ashimiyu.
The judge then sentenced him to life imprisonment and ordered that his name be entered in the Lagos State Sexual Offenders Register.
The prosecution, led by Ade Adeniyi, called the survivor as its sole witness.
The survivor, who was 13 when she testified, told the court that she was 11 at the time of the incident.
She said she knew the convict, who ran errands and washed cars within their compound.
The survivor also told the court that she was outside on the day of the incident when Ashimiyu came upstairs, began touching her and then inserted his penis into her vagina.
She said her grandmother discovered what had happened after searching for her and finding her with the defendant.
The survivor further testified that the convict was beaten before being taken to the police station.
In his defence, the defendant’s counsel, Adeleye Ayode, called one witness, identified as Ibrahim, who told the court that he knew Ashimiyu and was aware of why he was on trial.
Ibrahim said he had not been present when the incident occurred because he had gone to work. He added that he learned about it from a neighbour.
The witness further told the court that Ashimiyu had said he did not rape the child but was merely playing with her.
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